Terms of Use

Clause 1. Product & Price Information

1.1 Inventory and price information is updated on a daily basis therefore you should confirm any information provided to you if your enquiry exceeds 1 working day

1.2 All retail prices listed in our pricelist are GST-inclusive

1.3 All trade prices listed in our pricelist are GST-exclusive

1.4 Prices are subject to change without notice; however, every effort will be made by the supplier to provide current pricelists.

1.5 The prices quoted in our pricelists and any promotional literature is for guidance only. Prices are current at the time of printing but may be subject to change without notice. Unless otherwise agreed in writing, the contract price of the goods will be as stated on the invoice at time of delivery.

1.6 Retail prices are suggested only and there is no obligation to comply.

Clause 2. Retention of Title

2.1 GMoto Imports Pty Ltd continues to hold title to the goods until such time as payment forall invoiced goods is paid in full.

2.2 GMoto Imports Pty Ltd reserves the right to make a full claim to title against goods in possession by the purchaser should payment not be received within the prescribed time or should the organisation become insolvent or be placed into administration or receivership.

2.3 You hereby authorise the supplier, our servants and agents to enter any premises owned, leased or otherwise occupied by you for the purpose of taking possession of the goods in accordance with this condition and authorise us by our servants and agents to use all reasonable force to obtain such possession.

Clause 3. Order Placement and Acceptance

3.1 All orders placed with GMoto Imports Pty Ltd must be accompanied with an official purchase order including order number to ensure accuracy and correct referencing.

3.2 Customers must research their specifications before making a decision to purchase and we take no responsibility for any suitability issues with any products purchased from us

3.3 All orders placed with us are subject to our acceptance and we reserve the right to decline any order prior to issuing an invoice. Any product listed on our pricelist is not an offer to sell, and no order shall bind the company unless accepted by it. Unless otherwise agreed in writing, all orders are subject to acceptance by GMoto Imports Pty Ltd

3.4 A full refund will be issued for any declined orders where a payment for the order has been made by the customer

3.5 We reserve the right to accept any order subject to product specifications being altered without prior notice

3.6 You can cancel any order or part there-of prior to shipping without any penalties or fees

3.7 If upfront payment has been made, a full refund will be issued within 3 days of order cancellation

3.8 Orders that have been shipped cannot be cancelled

Clause 4. Credit Payment Terms

4.1 GMoto Imports Pty Ltd’s terms of payment for credit customers are net (30) thirty days end of month.

4.2 The required method of payment is EFT or credit card (fees apply) and you are hereby advised that commencing January 1 2012 the receiving and processing of cheque payments will be phased out.

4.3 Payments must reach our bank account on or before the due date which is the last day of the month following the month of purchase. If payment is not teceived prior to the due date credit facilities may be withheld or withdrawn.

4.4 You acknowledge that it is your responsibility to remit payment to the supplier within the specified time defined as on or before the due date.

4.5 It is not the supplier’s responsibility to collect payments for accounts and no agreement will be entered into regarding physical collection or presentation of cheques by company representatives.

4.6 Any cheque payment that requires representing or is otherwise not met on presentation will be subject to a $41.00 administration fee. Should a cheque require re-presenting more than once, recovery action for the outstanding amount will commence and the breach will be reported to a credit reporting agency.

4.7 Habitually late payers will have their credit facilities withdrawn without notice and be placed on a cash basis.

4.8 Should it become necessary for the supplier to collect overdue accounts a collection fee plus interest at 12% will be levied.

4.9 If, at any time, your credit account exceeds the agreed payment terms in any period, the total outstanding amount will become due and payable.

4.10 The supplier reserves the right to revoke any discounts or agreed pricing should the purchaser not meet their obligation to make payments on time

4.11 The supplier reserves the right to revoke any discounts or special pricing if the purchaser engages in any behaviour that may bring GMoto Imports Pty Ltd, its suppliers or its trademarks into disrepute. In more serious cases, the purchaser will have their credit and trading facilities withdrawn and the supplier will cease trading with the purchaser.

4.12 Should you experience difficulties in paying your account, we require you to inform us in writing at the earliest opportunity. At our discretion, we may agree to a payment plan to assist you. Failure to inform us, and keep us informed of your progress, may result in the commencement of legal action to recover the outstanding monies

Clause 5. Cash Order Payments

5.1 Payment for the full amount of cash orders must be received before the order will be processed and released by us

5.2 Payment for cash orders can be made by any of the following methods:

  • Credit Card (2.5% Handling Fee) – Immediate Clearance
  • Electronic Funds Transfer – 24 Hours Clearance
  • Electronic Fund Transfer from NAB Account – Immediate Clearance
  • Over the Counter Deposit into Bank Account – Immediate Clearance

Bank Account Details:
Bank: National Australia Bank
Account Name: GMoto Imports Pty Ltd
account BSB: 082-167
Account Number: 575 307 070

Clause 6. Order Fulfilment

6.1 Orders for in-stock products made prior to 2pm will generally be shipped on the same day and delivered the following business day however no guarantees can be made

6.2 Orders for in-stock products made after 2pm will generally be shipped in the following day and delivered within 2 business days

6.3 We may be able to consolidate multiple orders within the same day, however, we will only consolidate orders if you request us to do so at the time of placing the order

Clause 7. Backordered Items

7.1 Should the supplier, for any reason whatsoever, be unable to immediately provide the purchaser with the goods ordered, the supplier shall automatically place the items on backorder unless expressly advised in writing on by you not to do so. All items placed on backorder are notated in the body the invoice for your confirmation and convenience

7.2 Provision of any backordered goods will be supplied to the purchaser as soon as is practically possible. The supplier will endeavour to contact the purchaser beforehand and confirm with the purchaser if the goods are still required prior to dispatch.

Clause 8. Passing of Risk – Responsibility for Freight & Insurance

8.1 All goods sold by GMoto Imports Pty Ltd are supplied ex-warehouse and DO NOT include insurance or freight which is the responsibility of the purchaser to maintain

8.2 It is the responsibility of the purchaser and you are encouraged to maintain transit insurance for all goods transported to your premises to cover the associated risks with any potential losses that may occur during transportation. The supplier IS NOT an insurance company and is unable to cover this risk in its pricing

Clause 9. Transportation of Goods

9.1 GMoto Imports Pty Ltd does not recommend the use of any transport organisation nor do we limit your choice of carrier in any way. GMoto Imports Pty Ltd declares it has no commercial agreements or vested interests with any transport carrier and obtains no benefit from any carrier you choose to utilise the services of

9.2 GMoto Imports Pty Ltd utilises the services of various short & long haul carriers and may offer these choices to its customers should you choose not to appoint your own designated carrier for the collection of the goods from our warehouse

9.3 Any option of carrier offered to you is made strictly without responsibility for any aspect of transport systems used to convey the goods to the purchaser, and you are reminded that all goods are at the risk of the purchaser immediately they leave the supplier’s warehouse.

9.4 GMoto Imports Pty Ltd will endeavour at all times to assist you in striking a balance between the cost and the general service standards offered by any appointed carrier

9.5 If you instruct us to dispatched your goods using one of our standard carriers we will calculate your freight costs based on the weight and volume of the goods, number of shipments plus the delivery location and is determined at the time of order processing

9.6 You agree not to use the threat of non payment of the credit facility as a means of avoiding responsibility for lost, stolen goods or undelivered goods. Any attempt to apply pressure to the supplier in this manner will immediately result in the termination of the credit facility and legal action will commence to recover all amounts owed

9.7 The goods shall be delivered to the address stated in the agreement or as otherwise agreed in writing.

9.8 We only ship to physical addresses, where a person is available to sign for delivery

9.9 Shipping and dispatch times are indicative only

9.10 The supplier is not responsible for any part delivery or any delay in delivery of the goods as a result of events occurring beyond our control. The supplier shall not in any way be responsible for any consequential losses that may arise as a result of delays or non-delivery either directly or indirectly.

9.11 At all time we will utilise our best endeavours to satisfy all orders as reasonably practicable in the ordinary course of business and guarantees to do everything within its powers to affect delivery by the date specified. Delivery times may be affected by stock availability and workload and we will not be responsible for any delay occurring.

Additional Fees and Charges

9.12 If we incur extra delivery charges as a result of your action or inaction, these will be passed on to you

9.13 An example of such charges are second delivery charges by couriers as a result of you or someone who can receive the goods not being in attendance at your nominated delivery address when you have specified that the address is attended during normal business hours

9.14 We may require that all charges are paid before re-delivery is re attempted

Clause 10. Returns for Credit

10.1 Any errors by the supplier in the fulfilment of the order should be notified by the purchaser to the supplier within 48 hours of receiving the goods. The supplier will at their expense arrange for the collection of any incorrect goods supplied and will arrange for the most expedient delivery of the correctly ordered item(s). Otherwise, the original invoice will deemed to be correct and payment in full of the invoice will be required under the supplier’s terms and conditions of trading

10.2 We do not provide refunds or exchanges for incorrectly ordered goods that have been delivered

10.4 If the supplier agrees to accept the return of any goods for credit then same must be received by the supplier no later than 14 days from the date of invoice.

10.5 The supplier will not accept goods for return or for any other purpose UNLESS we approve and issue a Goods Return Authorisation Number to accept the return of the goods.

10.6 No goods shall be accepted by the supplier (even if the supplier agrees to do so) if the goods have been tampered with by you or any other person and are not as new and in original packaging, if they are goods expressly sold on a non return basis, or if they are not accompanied by the Authorisation referred to in sub-clause 6.2.

10.7 Where goods are returned to the supplier as above, they shall be returned to you at your expense.

10.8 Receipts by us or by any of our agents or representatives of any goods returned other than in accordance with sub-clauses 6.2 & 6.3 shall not constitute nor be deemed to constitute our acceptance of the return of the goods for credit or any other purpose.

10.9 If at our sole discretion, we decide to accept non-faulty goods for a refund, a restocking fee of 15% or more will apply were supplied in error.

Clause 11. Warranty Claims

11.1 All products supplied by GMoto Imports Pty Ltd are covered by manufacturer’s warranty and subject to this condition we warrant that the goods supplied are of merchantable quality and free from defects in material and workmanship.

11.2 If the goods are not of merchantable quality or to the specifications referred to, we will at our option, replace the goods PROVIDED THAT you notify us in writing of the defect within twenty one (21) days of it first coming to your attention during the above warranty period and PROVIDED FURTHER THAT the defect in the goods is not the result of any default, negligence or tampering with the goods on your part or by any third party (excluding the manufacturer).

11.3 We shall be under no further liability to you with respect to defective goods except to the extent that any additional liability attached to us by virtue of any binding Australian State, Territory or Federal legislation relating to the sale of goods under Trade Practices.

11.4 You must follow the warranty claim procedure outlined below in order for us to process your warranty claim. If the item is found faulty, we will replace the item

11.5 All costs associated with returning faulty goods are the customer’s responsibility and are not refundable and all unauthorised and freight collect returns will be rejected and returned to sender

11.6 PRIOR to returning any faulty goods to us you must initiate a warranty claim from our customer service centre. We will issue you with a Goods Return Authorisation Number (RA Number) and provide you with instructions and labelling on where to send the faulty item

11.7 The GRA Number is valid for 7 days from the date of issue, in which time the faulty goods must be received by our Service Centre and the GRA Number will not be extended or re-issued

11.8 The GRA Number MUST be clearly displayed on the return package

11.9 Any goods returned without an GRA Number will be not accepted and shipped back to you at your expense

11.10 Any returned goods must be complete with all accessories and in original packaging

11.11 Our Service Centre reserves the right to reject incomplete or not properly packaged items

11.12 Our Service Centre will examine & test for declared faults thoroughly, however, if they find the item to have no faults or intentional damage to the item, a $50 service fee may be charged and the non-faulty item will be shipped back to you at your expense.

11.13 A replacement item will only be shipped once the faulty item has been received and tested for the specific fault / problem specified in the warranty claim

Clause 12. Business Changes affecting Risk

12.1 You hereby guarantee to keep the supplier fully informed and updated to any changes relating the business structure, sale of the business, changes of ownership, changes of directors or proprietors, or any other changes that may alter the suppliers risk in the provision of credit to the business and/or applicant.

12.2 Should at any time the business be offered for sale or any changes occur that alter the businesses structure or ownership, the proprietor, partners and/or director(s) will guarantee to inform the supplier in writing of those changes prior to them occurring. Our accounts department will provide you with the documentation and checklist to ensure all obligations are met during changes of ownership or during any legal restructuring of your business.

12.3 The following examples must be reported to the supplier are not limited to:

  • Change of business or company name
  • Change of ABN
  • Sale of business
  • Appointment or resignation of office holders
  • Major changes in shareholdings
  • Changes of address
  • Any other material change to the business that may affect the supplier’s decision to offer credit

Clause 13. General

13.1 The supplier reserves the right to alter or change the terms and conditions

13.2 Any variations to the trading terms and conditions must first be approved in writing by the supplier otherwise no variations to the normal terms and conditions shall apply.

Insurance – Loss and Damage

Shipping Insurance is available for your goods, and must be purchased at the time of the order. Insurance is optional and charged at 1.5% of the value of goods. We strongly recommend insuring your goods against transit damage or lost

It is the customer’s responsibility to ensure that the customer or their authorised representative inspects the delivery to ensure the delivery has been made in full (as per the accompanying Consignment Note) and has not sustained any transit damage

When the customer or the authorised representative signs a Proof of Delivery (POD) they are confirming that the consignment has been delivered in full and is in good condition (i.e. no visible physical damage)

If a shipment arrives with a damaged carton or item, the delivery should be rejected and POD not signed or the POD must have the damage noted on it, any carton identifier available, signature, name and date as above

No returns for goods without the above information on the POD will be accepted, as these items cannot be claimed against insurance